Hearth, Patio & Barbecue Association v. Environmental Protection Agency, No. 15-1056 (D.C. Cir. 2021)Annotate this Case
Wood smoke produced by home heaters can produce grave health consequences. To account for differences between residential and industrial or commercial sources, and in recognition that residential wood heater manufacturers are often small businesses, EPA regulates wood heaters’ emissions under the Clean Air Act, 42 U.S.C. 7411(b)(1)(A) through a certification program. Instead of requiring the testing of every heater, the program allows manufacturers to obtain certification to sell an entire model line based on satisfactory emissions testing of a single representative heater. EPA accepts test results from private, EPA-approved laboratories hired by the manufacturers. EPA may randomly select heaters from certified model lines for audit testing. Under its 1988 Rule, EPA called on the same laboratory that had done the certification testing for audit testing. The 1988 Rule referred to “restricting where and how audit testing could occur, at least until EPA studied and better understood interlaboratory variability.”
The D.C. Circuit rejected challenges to the portion of the EPA 2015 rule updating those audit standards. When EPA proposed the current Rule, it explained the evolution of its understanding of test variability. It described how, based on analyses of testing proficiency data and improved testing methods developed since 1988, concerns about interlaboratory audit testing as a distinct source of variability were shown to have been overstated. It refined the audit procedures to address identified causes of variability. EPA acknowledged and adequately explained the changes and substantial evidence supports those changes.